The union at the Oregon-based drinks distributor Bigfoot Beverages has ended its strike after more than 200 days. But the company is now saying the picketers have been replaced, and won't get their jobs back.
The workers went on strike back in September, seeking a contract that retains their pension plans. After months of little movement between the parties, the union has now offered Bigfoot an "unconditional return to work."
However, in a press release Thursday, Bigfoot said it’s choosing to keep the workers it hired as replacements instead. The union claims this is illegal, and has declared the situation a "lockout."
According to the National Labor Relations Board, a company can decline to give a filled position back to a returning picketer if their strike was for economic reasons—like contract negotiations. In most cases, those workers can't be discharged, and can request to be given open positions if they don't find another job.
However, workers on strike over an Unfair Labor Practice charge have greater protections under federal regulations. According to the NLRB, employer has to offer them their position back, barring serious misconduct.
In an email to KLCC, Teamsters spokesperson Matthew McQuaid argued the strike at Bigfoot became an unfair labor-related action after the company stopped recognizing the union in December, which the workers said was illegal.
"The Teamsters Union is proud to serve as the exclusive collective bargaining representative for Bigfoot workers and we will continue to support our members during this lockout," wrote Teamsters representatives Chris Muhs and Jeff Padellaro in a press release Thursday. "We will be filing more charges to contest this shameful lockout, and we will never stop our fight for a fair contract.”
In total, the Teamsters have ten open labor complaints against Bigfoot, and they’re awaiting review from the NLRB. Bigfoot has five open charges against the workers and their representation, as well as a lawsuit in Lane County Circuit Court.
In its press release on Thursday, Bigfoot accused picketing workers of racist and homophobic harassment against their replacements.
"Our team members have been and remain our greatest asset and competitive advantage,” wrote Bigfoot Co-Presidents Eric Forrest and Andy Moore. “We owe it to them to ensure that their workplace is safe, welcoming, and reflects the values that we work hard to model."
The union didn't immediately respond to those accusations.
[UPDATE: McQuaid responded to the allegations in an email to KLCC on Friday afternoon, writing that "Bigfoot will try everything to distract from their choice to illegally lock out their workers who were exercising their right to strike."]
